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Land law (also: real property law) is the body of law relating to the ownership of real estate (US real property) (=land and the buildings and other permanent structures attached to it). Not surprisingly, land law is such a basic…

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Raising money by way of a loan (=borrowing money that you must later pay back, usually with interest) can provide a company with a flexible and reliable source of funds and allow diverse methods of borrowing capital. An overdraft facility…

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Once the bank has undertaken a due diligence exercise with respect to the borrower, and the proposed terms of the loan are given credit clearance, a term sheet will be drawn up. The term sheet is the loan facility equivalent…

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Pursuant to a loan transaction, the bank will generally take security over the assets and undertaking of the borrower in order to increase its chances of being repaid, even on the insolvency of the borrower. Therefore, in tandem with entering…

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As an alternative to raising finance through taking out a loan with a bank, companies may obtain debt financing from a source of funds known as debt capital markets. This involves the company issuing debt instruments/securities to investors (such as…

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A means of raising capital for a company through equity finance, as opposed to debt finance, is for a company to issue shares and seek a listing for its shares on the stock market/exchange. A company whose shares are listed…

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A private or public company may wish to raise capital through its existing shareholders by way of a rights issue, which involves an offer of new shares or other securities made to existing shareholders pro rata to their shareholdings. The…

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A company in financial difficulties may employ a rescue mechanism to postpone or avoid liquidation. The company may be put into administration, either by the court by making an administration order following a petition from a creditor, or out of…

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The liquidator is compelled to distribute all realised funds to satisfy the debts and liabilities of the company in the proper order. Secured creditors with a fixed charge over the company’s assets can usually enforce their security. If the realisation…

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In recognition of the importance of robust securities markets, and recognizing that investor confidence is a key component of healthy markets, many jurisdictions have enacted statutes to prohibit insider trading. For example, many jurisdictions seek to prevent insider trading by…

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